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2012 SESSION

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HB 280 Deeds; affidavit by an attorney involved in transaction may be used in correcting errors.

Introduced by: Salvatore R. Iaquinto | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED HOUSE: (all summaries)

Correcting errors in deeds; affidavit. Allows, in the event that a recorded deed or other instrument contains an obvious description error, the recordation of a corrective affidavit by an attorney, settlement agent, or title insurance company involved in the transaction that resulted in the recordation of the deed or other instrument needing correction. Obvious description errors include (i) errors transcribing courses and distances, (ii) errors incorporating previously recorded plat or deed references, (iii) errors incorporating tax map or other identification numbers, and (iv) omitted exhibits that supply property parcel descriptions. Before a corrective affidavit may be recorded, all parties to the deed or other instrument and, if necessary, the title insurance company must be provided with a copy of the affidavit and such parties have 30 days to object in writing to the recordation of the corrective affidavit. If a corrective affidavit is recorded, the title insurance company shall amend the title insurance policy and deliver a copy of the amended policy to all parties to the policy.


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